I. General Provisions
This End User Licence Agreement forms the contractual basis between you (hereinafter "Licensee")
(hereinafter referred to as "Licensor")
For the use of the AeroPS app (hereinafter "App") and the web access at operator.aerops.com (hereinafter "Web Access").
II Subject Matter of the Agreement
The Licensor offers a marketplace for FBOs, airports, aerodromes and aviation operators (hereinafter "Supplier") on the one hand and pilots and operators (hereinafter "Licensee") on the other. With the help of the app and the web access, the registered marketplace participants can easily process payment transactions with regard to landing, parking and other fees or charges and services of the suppliers via the app or the web access. The service of the licensor consists of an aircraft validation database, an online terminal for aerodromes, which can be accessed via an internet browser, and a payment processing software, which can be accessed via the app or the web access. The aircraft validation database, the online terminal, the app and the web access are linked via the internet.
In the online terminal, the supplier deposits his fee schedule. By logging into the online terminal, the supplier has the possibility to make his offers accessible to the licensees, to monitor the transactions made and to manage them.
The licensees register their aircraft once at one of the airfields registered with the licensor in the aircraft validation database with all data and evidence relevant for the calculation of the fees. On the basis of the data stored in each case, the fees incurred are automatically calculated according to the stored fee schedule of the respective supplier or invoices are provided in the system.
The payment process is carried out via the external payment service provider Stripe (provider: Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA) or via another payment service provider that is equally suitable for carrying out the payment process. The Licensor is entitled to determine the payment service provider at its own discretion. No registration with the payment service provider is required on the part of the licensees. The licensees may use common means of payment, such as credit card payment or payment by direct debit, for payment processing.
III. Services of AeroPS and Warranty
The Licensor operates, services and maintains the marketplace accessible via the app and web access. The marketplace is available to the Licensee around the clock with an availability of 98.5% per month. The Licensor shall not be subject to any further delivery obligation. In particular, the Licensor shall not make the source code available. The software may be used by the licensee free of charge. The licensee is responsible for the availability and functionality of the respective system requirements (in particular hardware and operating system). The Licensor shall make updates available to the Licensee via its website and the AutoUpdate function of the software, if applicable. With the release of a new version of the software, all previous versions lose their validity.
The Licensor merely provides the marketplace on which the Licensees can view and book the Supplier's offers and enables payment processing via the payment service provider. However, the Licensor shall not be responsible for the accuracy of the information and offers posted by the Suppliers in the online terminal. Furthermore, the Licensor does not control any payment transactions itself.
IV. Prerequisites for use and obligations to cooperate
The use of the app and the web access requires the entry of data on the aircraft type and the invoice recipient. The specific data involved can be found in the app and the web access. Data collection and processing is required for the use of the app and web access. The licensee is obliged to enter accurate and complete information in the aircraft validation database and to keep this information up to date.
If incomplete or incorrect information is entered for the aircraft, the licensor reserves the right to enter the aircraft with the highest known data for the specific model. In the event of the entry of recognisably incomplete or incorrect data, the licensee will be advised to correct or supplement the data. In the event of false invoices based on incomplete or incorrect aircraft data, the Licensor will endeavour to correct these when the data is subsequently submitted. However, there is no entitlement to a subsequent correction.
The licensee must also ensure that deposited accounts are sufficiently covered for the transactions made. The Licensee shall be charged a processing fee of 15 euros for chargebacks or incorrect payments.
The licensee shall take all necessary measures to prevent or limit damage caused by the software. In particular, regular data backups should be made and updates offered should be carried out.
V. Rights of use
The app and the web access are based on software protected by copyright. The Licensor is entitled to the intellectual property rights and other protective rights to the software. The Licensor grants the Licensee a simple, non-exclusive, non-sublicensable right to use the software including any updates. This right includes the installation of the software as well as the loading, displaying and running of the installed software as well as the saving of the software in the main memory of the end device on which the software is installed or operated. The Licensor does not grant the Licensee any further rights to the Software.
The Licensee is not entitled to use the software or parts thereof beyond the use permitted in accordance with these licence conditions or to make it accessible to third parties. In particular, the Licensee is prohibited from reselling, renting, making available to the public or otherwise distributing the software for commercial purposes.
Markings on the software, in particular copyright notices, trademarks, serial numbers or similar may not be removed, altered or made unrecognisable.
VI Liability and Compensation
Since the Licensor provides the Software to the Licensee free of charge, the Licensor shall only be liable for defects in title and quality if the Licensor has fraudulently concealed such defects.
(1) The Licensor shall therefore only pay damages or compensation for futile expenditure, irrespective of the legal grounds, to the following extent:
(a) The Licensor shall be liable without limitation for intentional and grossly negligent acts.
(b) In the event of a breach of a material contractual obligation due to simple negligence, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Licensee may regularly rely, the Licensor shall be liable to the extent of the damage typically foreseeable at the time of conclusion of the contract. Otherwise, liability for simple negligence is excluded.
(c) The liability for loss of data is limited to the amount of the typical recovery costs that would have been incurred in the event of regular and risk-commensurate data backup.
(2) Insofar as the Licensor's liability is excluded or limited, this shall also apply to the personal liability of the Licensor's employees, representatives and vicarious agents.
(3) Notwithstanding the foregoing provisions, the statutory provisions shall apply to damages arising from culpable injury to life, limb or health and to claims under the Product Liability Act.
VII Final Provisions
This licence agreement is subject to the laws of the Federal Republic of Germany. Insofar as the Licensee is a consumer, more favourable consumer protection provisions in force at the Licensee's usual place of residence shall take precedence over the terms of this Agreement.
If you have any questions regarding this License Agreement, you may contact the Licensor at firstname.lastname@example.org.